Human Resource Policy HIV / Aids â Code of Conduct 1 ... - Inseta

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testing.7.1.2. Whether s 7(2) of the Employment Equity Act prevents IBSprovidedhealth service supplying a test to an employee who requestsa test, depends on whether the Labour Courts would accept that anemployee can knowingly agree to waive the protection in the section.This issue has not yet been decided by the courts.7.1.3. In implementing the sections below, it is recommended thatparties take note of the position set out in item 7.1.2.7.1.4. Authorised testingEmployers must approach the Labour Court for authorisation in,amongst others, the following circumstances:(i) during an application for employment;(ii) as a condition of employment;(iii) during procedures related to termination of employment;(iv) as an eligibility requirement for training or staff developmentprogrammes;and(v) as an access requirement to obtain employee benefits.7.1.5. Permissable testing(a) IBS may provide testing to an employee who has requested a testin the following circumstances:(i) As part of a health care service provided in the workplace;(ii) In the event of an occupational accident carrying a risk of exposureto blood or other body fluids;(iii) For the purposes of applying for compensation following anoccupational accident involving a risk of exposure to blood or otherbodyfluids.(b)Furthermore, such testing may only take place within the followingdefinedconditions:i. At the initiative of an employee;ii. Within a health care worker and employee-patient relationship;iii. With informed consent and pre- and post-test counselling, asdefined by the Department of Health’s National Policy on Testing forHIV;andiv. With strict procedures relating to confidentiality of an employee’sHIV status as described in clause 7.2 of this Code.7.1.6 All testing, including both authorised and permissible testing,should be conducted in accordance with the Department of Health’sNational Policy on Testing for HIV issued in terms of the NationalPolicy for Health Act, No. 116 of 1990.7.1.7 Informed consent means that the individual has been providedwith information, understands it and based on this has agreed toundertake the HIV test. It implies that the individual understands whatthe test is, why it is necessary, the benefits, risks, alternatives andany possible social implications of the outcome.
7.1.8 Anonymous, unlinked surveillance or epidemiological HIV testingin the workplace may occur provided it is undertaken in accordancewith ethical and legal principles regarding such research. Where suchresearch is done, the information obtained may not be used to unfairlydiscriminate against individuals or groups of persons. Testing will notbe considered anonymous if there is a reasonable possibility that aperson’s HIV status can be deduced from the results.7.2. Confidentiality and Disclosure7.2.1. All persons with HIV or AIDS have the legal right to privacy. Anemployee is therefore not legally required to disclose his or her HIVstatus to their employer or to other employees.7.2.2. Where an employee chooses to voluntarily disclose his or herHIV status to the employer or to other employees, this information maynot be disclosed to others without the employee’s express writtenconsent. Where written consent is not possible, steps must be taken toconfirm that the employee wishes to disclose his or her status.7.2.3. Mechanisms should be created to encourage openness,acceptance and support for those employers and employees whovoluntarily disclose their HIV status within the workplace, including:(i) encouraging persons openly living with HIV or AIDS to conduct orparticipate in education, prevention and awareness programmes;(ii) encouraging the development of support groups for employeesliving with HIV or AIDS; and(iii) ensuring that persons who are open about their HIV or AIDS statusare not unfairly discriminated against or stigmatised.8. Promoting safe workplace1. IBS is obliged to provide and maintain, as far as is reasonablypracticable, a workplace that is safe and without risk to the health ofitsemployees.2. The risk of HIV transmission in the workplace is minimal. Howeveroccupational accidents involving bodily fluids may occur, particularly inthe health care professions. Every workplace should ensure that itcomplies with the provisions of the Occupational Health and SafetyAct, including the Regulations on Hazardous Biological Agents, andthe Mine Health and Safety Act, and that its policy deals with, amongstothers :i. the risk, if any, of occupational transmission within the particularworkplace;ii. appropriate training, awareness, education on the use of universalinfection control measures so as to identify, deal with and reduce therisk of HIV transmission in the workplace;iii. providing appropriate equipment and materials to protectemployees from the risk of exposure to HIV;iv. the steps that must be taken following an occupational accidentincluding the appropriate management of occupational exposure to HIVand other blood borne pathogens, including access to post-exposure
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Human Resource Policy HIV / Aids â Code of Conduct 1 ... - Inseta